Terms of Use
By using or accessing any of the American Association of Neuromuscular & Electrodiagnostic Medicine (麻豆APP) Internet properties including, without limitation, www.aanem.org, , www.abemexam.org, mobile websites, microsites, mobile applications, 麻豆APP or American Neuromuscular Foundation (ANF) profiles on social media sites and any other digital services or properties operated or used, and any others released by the 麻豆APP/ANF from time to time (collectively referred to as the "麻豆APP Sites鈥�, you agree to comply with and be bound by these Terms of Use and Privacy Policy. You represent that you have the legal right and ability to agree to these terms. We reserve the right to revise these terms at any time, with revisions posted to this Web site. By continuing to use the site after such revisions to these terms are posted, you agree to be bound by any such revisions and you should therefore periodically visit this page to determine the current terms to which you are bound. If you do not agree to this Terms of Use or the 麻豆APP Privacy Policies, you must immediately terminate use of the 麻豆APP Sites.
1. Website Content
(a) This website includes without limitation: (a) information pertaining to education, science, advocacy, meetings and conferences, and other valuable information; (b) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials; and (c) online services accessible via the Website.
(b) 麻豆APP makes no representation that the Website is appropriate or available for use in all locations or that 麻豆APP's Services are available in your location.
(c) 麻豆APP shall have no ownership of, does not claim any interest in, and shall have no obligation of any kind with respect to, any content that you upload or post to, place on, or otherwise transmit, through our process, via the Website ("User-Generated Content"). Any User-Generated Content shall be deemed provided on a non-confidential basis. 麻豆APP shall be free to use or disseminate such User-Generated Content on an unrestricted basis for any purpose, and you grant 麻豆APP an irrevocable, perpetual, worldwide, royalty-free, nonexclusive, fully transferable license to use User-Generated Content for any and all purposes, including but not limited to, reproducing, modifying, adapting and creating derivative works of, distributing, transmitting, displaying, performing, and publishing (in any and all forms and media, now known or later discovered or created), as 麻豆APP determines in its sole discretion. You represent and warrant that you have proper authorization to grant this license.
麻豆APP shall have no obligation to, or liability for failing to, actively monitor the site for inappropriate User-Generated Content, and does not undertake editorial control of User-Generated Content. In the event that any inappropriate User-Generated Content is brought to 麻豆APP's attention, 麻豆APP may take all appropriate action. 麻豆APP may, but is not required to, pre-screen, refuse, or remove any User-Generated Content that 麻豆APP deems to be abusive, defamatory, obscene, an infringement of others' intellectual property rights, or otherwise in violation of the online Code of Conduct or any other provisions set forth in these Terms. The ABA also retains the right to ban or block a user from posting on 麻豆APP/ANF social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All user content must comply with the 麻豆APP Code of Conduct.
(d) All Website content produced by 麻豆APP or for 麻豆APP on the Website ("麻豆APP Content") is protected by copyright, and owned or controlled by 麻豆APP, or, if applicable, the party credited. You shall abide by all additional copyright notices, trademark notices, information, or restrictions contained on the Website.
(e) The 麻豆APP assumes no liability for any User-Generated Content submitted by you or others and is not liable for omissions or out of date information that appear on the 麻豆APP Sites. You agree to indemnify the 麻豆APP against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the 麻豆APP Sites. Please note that other participants may use posted information beyond the control of the 麻豆APP. All User-Generated Content is read at your own risk, and the 麻豆APP recommends that you verify any information or advice in any of these postings.
2. License
Subject to your compliance with these Terms, 麻豆APP grants you a non-exclusive, nontransferable, limited, fully-revocable (at any time and for any reason) term license to access and use the Website for personal, noncommercial use only. Any other use of the Content is strictly prohibited without the prior written consent of 麻豆APP. The 麻豆APP reserves the right to bar, restrict or suspend any user's access to the ABA Sites, and/or to terminate this license at any time for any reason. The 麻豆APP reserves any rights not explicitly granted in these Terms of Use.
3. Property Rights
The content of the 麻豆APP Sites includes, without limitation, (i) 麻豆APP's, ANF鈥檚, and American Board of Electrodiagnostic Medicine鈥檚 (ABEM) trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "麻豆APP Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the 麻豆APP Sites hereinafter known as "麻豆APP Content"). 麻豆APP Content is the property of the 麻豆APP, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any 麻豆APP Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the 麻豆APP For reprint requests, please email education@aanem.org. Any use of the 麻豆APP Marks without 麻豆APP's express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the 麻豆APP Content, including any such notices appearing on any 麻豆APP Content.
4. Your Obligations
In consideration of Your use of the Website, You agree:
- not to use the Website to: (i) transmit spam, unsolicited communications, or unauthorized third-party content; (ii) spoof someone else's identity or otherwise misrepresent Your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User-Generated Content; (iv) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (v) engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law; or (vi) collect or store personal data about other users unless specifically authorized by such users; and
- to be entirely responsible for all User-Generated Content and, specifically, not to upload, post or otherwise transmit, via the Website, any User-Generated Content that: (i) is harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, threatening, or otherwise objectionable; (ii) constitutes an unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or interfere with the operation of any software, hardware, or other equipment; or (iv) violates the Online Code of Conduct; and
- to accept sole and exclusive responsibility (as between 麻豆APP and You) for adequate protection of Your data and/or equipment used in connection with the Website; and
- to defend 麻豆APP from any claim, suit, demand, and action of any third party, and to the fullest extend allowed by law indemnify and hold 麻豆APP harmless from any resulting judgment, settlement, and cost, including reasonable attorneys' fees, due to or arising out of Your use of (or connection to) the Website (including any use by You on behalf of Your employer), Your breach of these Terms, or Your violation of any third-party rights.
To keep your unique login and password ("Personal Login Information"), confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. 麻豆APP is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the 麻豆APP immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
5. Health Information Disclaimer
The 麻豆APP provides health information on this website solely for informational purposes as a public service to promote consumer health and may or may not reflect the most current medical developments; accordingly, information on the 麻豆APP Sites is not promised or guaranteed to be correct or complete and should not be relied upon as such. It does not constitute medical advice and is not intended to be a substitute for proper medical care that is provided by a physician as medical advice must be tailored to the specific circumstances of each patient. The 麻豆APP assumes no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information supplied on this site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis or treatment. You acknowledge and agree the 麻豆APP shall not be liable to you or any other party for any act or failure to act relating thereto, in addition to the limitation of liability claims contained in this Terms of Use.
6. 麻豆APP Membership, ABEM Directories, Laboratory Accreditation Information, and Fellowship Information
The 麻豆APP, ABEM, Accredited Laboratories directories/listings are provided as a public service for individuals who wish to locate a physician in a particular region or find an accredited lab. Information contained in these directories/listing is self-reported material with the exception of ABEM certification which can be used for verification purposes and the lab accreditation status.
麻豆APP undertakes reasonable efforts to keep the membership information contained in the physician profiles accurate; however, 麻豆APP does not warrant the timeliness, completeness, accuracy, or fitness for a particular purpose of the information in the profiles or in the fellowship listings. 麻豆APP does not endorse in any way the individuals described in these profiles, nor does 麻豆APP verify medical qualifications, licenses, practice areas, or suitability of the listed physicians. 麻豆APP does not verify the information contained in the fellowship listings. In no event shall 麻豆APP be liable for any decision made or action taken in reliance on information in the directories or the fellowship listing.
For lab accreditation, 麻豆APP does very that certain standards have been met. See www.aanem.org/certification-accreditation/edx-laboratory-accreditation for more information. 麻豆APP does not warrant the information beyond what is listed as being verified in the accreditation process.
Commercial use of these directories or listing, for any purpose, is not allowed as specified in the 麻豆APP copyright provisions. Users are prohibited from downloading, republishing, reselling, or duplicating 鈥� in whole or in part the information in the directory/listings 鈥� for commercial or any other purposes, or for purposes of compiling mailing lists or any other lists. Users may not use the data to establish independent data files or compendiums.
7. Advertisers/Promotors
a) The Website may contain advertisements and/or promotions of third parties ("Sponsors"). The inclusion of advertisements and/or promotions of Sponsors and other Internet sites or resources that offer content, goods, or services on the Website does not imply endorsement of the advertised/promoted products or services by 麻豆APP. You agree that your dealings with, or participation in promotions of, Sponsors (including, without limitation, payment, delivery of goods or services, warranties, representations, and any other terms or conditions associated with such dealings) are solely between you and Sponsors, and 麻豆APP shall have no responsibility or liability for any loss, damage, claim, or complaint of any sort or nature you incur as the result of or relating to any such dealings regardless of the presence of Sponsors on the Website.
(b) You may find links to other Internet sites or resources on the Website that offer content, goods, or services. You acknowledge and agree that 麻豆APP has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with your use of or reliance on any such content, goods, or services available on or through any such site or resource.
8. Confidentiality
During your access to and use of the Website, you may obtain information that 麻豆APP or other users consider "confidential" or "proprietary" ("Confidential Information"). You agree (i) not to reveal Confidential Information to any third parties and (ii) to take precautions, which shall be at least the more protective of (A) reasonable and prudent care or (B) those taken in safeguarding your own trade secret, confidential, or proprietary information, whether by instruction, agreement, or otherwise, to satisfy your obligations under these Terms with respect to authorized use, protection, and security of the Confidential Information. The foregoing restrictions do not extend to information that (i) is at the time of disclosure already known to you from a source not under a confidentiality obligation, (ii) is published, or otherwise made known to the public by 麻豆APP, without restriction, or (iii) is received by you from a third party who is not bound by any confidentiality obligations with respect to such information. You agree that the wrongful disclosure of Confidential Information will cause 麻豆APP (or its other users) irreparable injury that is inadequately compensable in monetary damages; accordingly, 麻豆APP shall be entitled to injunctive relief in any court of competent jurisdiction against you for the breach or threatened breach of this paragraph, in addition to any other remedies at law or equity.
9. Intellectual Property Rights
(a) Except as otherwise provided in these Terms, you shall not (via any means, now known or later discovered or created) reproduce, modify, distribute in any manner (including rent, lease, loan, or sell), mirror, frame, republish, transmit, create derivative works of, or remove or modify any copyright or trademark notice or other notice of ownership relating to, content on the Website, in whole or in part.
(b) Unless explicitly stated otherwise in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
(c) If you believe that your copyright, trademark, or privacy rights have been infringed, in any way, by any content on the Website, please contact aanem@aanem.org. 麻豆APP's receiving, investigating, or responding to your e-mail does not constitute 麻豆APP's agreement or verification of your claim(s) nor any admission of liability for those claims.
10. Warranty Disclaimer
YOU USE THE WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, 麻豆APP PROVIDES THE WEBSITE "AS IS,""AS AVAILABLE"; AND "WITH ALL FAULTS,"; WITHOUT WARRANTY OF ANY KIND, AND 麻豆APP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 麻豆APP MAKES NO WARRANTY, RESPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (I) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE WEBSITE; (II) THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (III) THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS; (IV) AS TO THE QUALITY OR VALUE OF ANY SPONSORS' PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR (V) THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. 麻豆APP MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES OF AMERICA, AND ACCESS TO IT FROM TERRITORIES WHERE THE CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM SUCH OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
11. Limitation of Liability
(a) To the extent permitted by law, 麻豆APP shall have no liability, relating to your use of (or connection to) the Website, for direct, indirect, consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss). This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
(b) 麻豆APP reserves the right, at any time, in 麻豆APP鈥檚 sole and exclusive discretion, to amend, modify, suspend, or terminate the Website, and/or your use of or access to it, with or without notice, and 麻豆APP shall have no liability to you or any other person or entity for any modification, suspension, or termination of the Website, or any loss of related information.
(c) Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. If any limitation of liability stated herein do not apply, 麻豆APP's liability will be limited to the maximum extent permitted by law.
12. Arbitration, Venue
Any controversy or claim (鈥淐laim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Rochester, MN. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator鈥檚 award shall be final and binding. The courts of the State of Minnesota and/or the United States Third Judicial District Court of Minnesota shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The ABA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision鈥檚 restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States Third Judicial District Court of Minnesota or any state of court located in Olmstead County, Minnesota.
13. Statue of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the 麻豆APP Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
14. Miscellaneous
(a) 麻豆APP may provide notice(s) to you via e-mail, regular mail, reputable overnight delivery service, or by posting notices or links to notices on the Website.
(b) These Terms and performance in accordance with these Terms shall be governed by the laws of the State of Minnesota without regard to choice of law principles. Sole venue and jurisdiction for any proceedings pertaining to these Terms shall be in the state and federal courts located in Minnesota.
(c) 麻豆APP shall not be liable under these Terms for failure to perform any of its obligations during any period in which it cannot perform due to matters beyond its control, including, but not limited to acts of God, strike, fire, flood, natural disaster, war, embargo, or riot.
(d) The waiver or failure of 麻豆APP to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further right in these Terms.
(e) 麻豆APP reserves any rights not explicitly granted in these Terms.
(f) If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
(g) These Terms constitute the entire agreement and understanding regarding your use of the Website and supersede any prior versions of the Terms. No amendment, addition, deletion, or revision to these Terms shall be valid unless in writing and signed by an officer of 麻豆APP. The headings used in these Terms are for convenience only and shall not control or affect the meaning or construction of any provisions of these Terms.
15. Contact Information
If you have any questions or concerns regarding these Terms of Use or the 麻豆APP Sites, please email us at aanem@aanem.org.
Revised April 2024